High Court Kerala High Court

Muhammed Nissar vs Shaik Mammu on 29 January, 2009

Kerala High Court
Muhammed Nissar vs Shaik Mammu on 29 January, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 782 of 2008()


1. MUHAMMED NISSAR, AGED 14 YEARS,
                      ...  Petitioner

                        Vs



1. SHAIK MAMMU, SON OF KUNHEED,
                       ...       Respondent

2. UNITED INDIA INSURANCE CO. LTD.,

3. P.ABDU,M S/O. AMMAD,PANNIYODAN VEEDU,

                For Petitioner  :SRI.JACOB ABRAHAM

                For Respondent  :SRI.SIBY MATHEW

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :29/01/2009

 O R D E R
                     M.N. KRISHNAN, J.
             = = = = = = = = = = = = = =
                M.A.C.A. NO. 782 OF 2008
            = = = = = = = = = = = = = = =
       Dated this the 29th day of January, 2009

                     J U D G M E N T

This appeal is preferred against the award of the Motor

Accidents Claims Tribunal, Kozhikode in O.P.(MV)686/00.

The claimant, a 14 year old boy, sustained injuries in a road

accident and the Tribunal awarded a total compensation of

Rs.24,750/-. It is against that decision the claimant has

come up in appeal for enhancement.

2. Heard the counsel for the appellant as well as the

insurance company. A perusal of the award would reveal

that he had sustained multiple abrasions on the left side of

the face and lacerations on the left eyebrow. He had also

sustained fracture on the left humerus and fracture of first

and second ribs on the right side. He was treated as an

inpatient in the Medical College Hospital where he had

undergone inpatient treatment for a period of 20 days from

10.12.99 to 1.1.00. A perusal of the document would reveal

that about 50 c.c. of blood was drained out as a part of

M.A.C.A. 782 OF 2008
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treatment and his fracture was of a compound nature and he

had undergone treatment thereafter as well for some point of

time. A boy aged 14 years had sustained a Grade I fracture

of the humerus coupled with fracture on the ribs and the

impact of the fracture of the ribs made to drain out the blood

which was in the system and therefore the boy would have

taken some time to come back to his normalcy. When a boy

of 14 years sustained injuries in the form of fracture, he

would not be in a position to play or enjoy as the boys of his

age used to have. It would have resulted in loss of

confidence to some extent also for some point of time. So

taking note of all these things it is certain that there would

have been temporary inconvenience as well. Therefore a

compensation of Rs.10,000/- has to be granted under loss of

amenities and inconvenience instead of Rs.3,000/- thereby

entitling the claimant to an additional compensation of

Rs.7,000/-.

In the result the MACA is partly allowed and the

claimant is awarded an additional compensation of

M.A.C.A. 782 OF 2008
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Rs.7,000/- with 6% interest on the said sum from the date of

petition till realisation and the insurance company is directed

to deposit the same within a period of sixty days from the

date of receipt of a copy of the judgment.

M.N. KRISHNAN, JUDGE.

ul/-